Download or read book The Mimetic Evolution of the Court of Justice of the EU written by Leonardo Pierdominici and published by Springer Nature. This book was released on 2020-07-02 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.

Download or read book The Procedural and Organisational Law of the European Court of Justice written by Christoph Krenn and published by Cambridge University Press. This book was released on 2022-09-22 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should judges of the European Court of Justice be selected, who should participate in the Court's proceedings and how should judgments be drafted? These questions have remained blind spots in the normative literature on the Court. This book aims to address them. It describes a vast, yet incomplete transformation: Originally, the Court was based on a classic international law model of court organisation and decision-making. Gradually, the concern for the effectiveness of EU law led to the reinvention of its procedural and organisational design. The role of the judge was reconceived as that of a neutral expert, an inner circle of participants emerged and the Court became more hierarchical. While these developments have enabled the Court to make EU law uniquely effective, they have also created problems from a democratic perspective. The book argues that it is time to democratise the Court and shows ways to do this.

Download or read book Radical Constitutional Pluralism in Europe written by Orlando Scarcello and published by Taylor & Francis. This book was released on 2022-12-23 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the challenge of constitutional pluralism and its importance, showing its theoretical and practical relevance, and giving a sense of why the existing scholarship on the matter is unsatisfactory. The work explores how legal practitioners and theorists have faced the challenge of a society living under two constitutions at the same time. This comes as the European Union, which legally and politically integrates Europe and seems to challenge the view that no State can simultaneously abide by both the venerable national constitutions and the ever-developing EU constitutional law, is increasingly torn between calls for closer integration to face collective challenges and mounting Euroscepticism and nationalism. This work employs a strongly pluralist perspective and a comparative methodology, and looks at constitutional crises outside the EU to ground the claim that pluralism and conflicts are essential elements of modern constitutions. It shows how the challenge of constitutional pluralism depends on a mistaken interpretation of positivist theory and how the latter, reinterpreted in a manner close to legal realism, has the resources to explain pluralism. Finally, the book addresses the issue of constitutional conflicts within the EU: it examines in detail recent cases of open disobedience to EU law by national courts and distinguishes physiological conflict from constitutional pathology. This work will be of particular interest to students and academics in Law and Political Science. It will also be compelling reading for scholars in general jurisprudence, EU law, constitutional and comparative constitutional law, and the history of European integration.

Download or read book The Politics of the European Union written by Herman Lelieveldt and published by Cambridge University Press. This book was released on 2023-04-20 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is a key player in determining policies and politics in Europe, and yet understanding how it works remains a challenge. The Politics of the European Union introduces students to its functioning by showing the similarities and differences between the EU and national political systems. Fully revised and updated in its third edition, this introductory textbook uses the tools of comparative politics to explore the history, theories, institutions, key actors, politics and policy-making of the EU. This comparative approach enables students to apply their knowledge of domestic politics and broader debates in political science to better understand the EU. Numerous real-world examples guide students through the textbook, and chapter briefings, fact files and controversy boxes highlight the important and controversial issues in EU politics. A companion website features free 'Navigating the EU' exercises to guide students in their analysis of EU policy-making.

Download or read book Western Constitutionalism written by Andrea Buratti and published by Springer Nature. This book was released on 2023-10-31 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the theoretical origins, historical foundation, political meaning, and legal development of western constitutionalism, as well as the structure and transformation of constitutional law in the Western World. Introducing the historical background of western constitutional traditions, it links this rich, conceptual framework with the legal arrangements of states’ constitutions and the current trends of the internationalization of constitutional law. Serving as a comprehensive introduction to constitutional studies, this book provides detailed information on the design of legal systems, while addressing the main critical, theoretical issues raised by constitutionalism in western democracies and in the global landscape. This new, third edition covers a broader scope, reflecting recent political and legal transformations, and is enriched in terms of didactic instruments for university students.

Download or read book Shaping EU Law the British Way written by Graham Butler and published by Bloomsbury Publishing. This book was released on 2022-11-17 with total page 691 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading scholars of EU law, judges, and practitioners unpack the judicial reasoning offered by the UK Advocates General in over forty cases at the Court of Justice, which have influenced the shape of EU law. The authors place the Opinions in the wider context of the EU legal order, and mix praise with critique in order to determine the true contribution of the UK Advocates General, before hearing the concluding reflections by the UK Advocates General themselves. The role of Advocates General at the Court of Justice of the European Union remains notoriously under-researched. With a few notable exceptions, not much ink has been spilled on analysing their contribution to the judicial discourse that emerges from the Court's Palais in Luxembourg. More generally, their impact on the shaping of EU law is only sporadically explored. This book fills the lacunae by offering an in-depth analysis of the way in which the UK Advocates General contributed to development of EU law during 47 years of the UK's membership of the EU. During their terms of office, Advocates General Jean-Pierre Warner (1973-1981), Gordon Slynn (1981-1988), Francis Jacobs (1988-2006), and Eleanor Sharpston (2006-2020) delivered over 1400 Opinions. This staggering contribution of the four individuals and their cabinets of legal secretaries was supplemented by an Opinion of a then Judge of the Court of First Instance, David Edward, who was called to act as an Advocate General in two joined cases in what is now the General Court. With the last UK Advocate General departing from the Court of Justice in September 2020, an important era has ended. With this watershed moment, it is apt to take a look back and critically analyse the contribution to development of EU law made by the UK Advocates General, and to elucidate the lasting impact they have had on the nature of EU law.

Download or read book Accommodating Diversity in Multilevel Constitutional Orders written by Maja Sahadžić and published by Taylor & Francis. This book was released on 2023-07-19 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

Download or read book Filtering Populist Claims to Fight Populism written by Giuseppe Martinico and published by Cambridge University Press. This book was released on 2021-11-25 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new wave of populism that has emerged over the last five years in Europe and in the US urgently needs to be better understood in a comparative and historical context. Using Italy – including the experiment of a self-styled populist coalition government – as a case study, this book investigates how populists in power borrow, use and manipulate categories of constitutional theory and instruments of constitutional law. Giuseppe Martinico goes beyond treating constitutionalism and populism as purely antithetical to dive deeply into the impact of populism on the activity of some instruments of constitutional democracy, endeavoring to explore their role as possible fora of populist claims and targets of populist attacks. Most importantly, he points to ways in which constitutional democracies can channel populist claims without jeopardizing the legacy of post-World War II constitutionalism. This book is aimed at academics and practicing lawyers interested in populism and comparative constitutional law.

Download or read book Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2022-03-24 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a fresh, contextualised and sophisticated perspective on comparative law for both students and scholars.

Download or read book Towards a Universal Justice Putting International Courts and Jurisdictions into Perspective written by Dário Moura Vicente and published by Martinus Nijhoff Publishers. This book was released on 2016-04-08 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent proliferation of international courts and jurisdictions raises a number of important issues ranging from the redefinition of the role of the International Court of Justice to the recent emergence of domestic courts as international jurisdictions. Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, containing edited articles presented at the International Law Association’s Regional Conference held in Lisbon, offers a comprehensive overview of those issues and outlines challenges ahead for every branch of international law.

Download or read book European Human Rights Justice and Privatisation written by Gaëtan Cliquennois and published by Cambridge University Press. This book was released on 2020-10-15 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a new understanding of the relationships between litigation strategies, growing private funding and European human rights justice.

Download or read book Europe s Foreign and Security Policy written by Michael E. Smith and published by Cambridge University Press. This book was released on 2004 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of a common security and foreign policy has been one of the most contentious issues accompanying the integration of the European Union. In this book, Michael Smith examines the specific ways foreign policy cooperation has been institutionalized in the EU, the way institutional development affects cooperative outcomes in foreign policy, and how those outcomes lead to new institutional reforms. Smith explains the evolution and performance of the institutional procedures of the EU using a unique analytical framework, supported by extensive empirical evidence drawn from interviews, case studies, official documents and secondary sources. His perceptive and well-informed analysis covers the entire history of EU foreign policy cooperation, from its origins in the late 1960s up to the start of the 2003 constitutional convention. Demonstrating the importance and extent of EU foreign/security policy, the book will be of interest to scholars, researchers and policy-makers.

Download or read book Planning Latin America s Capital Cities 1850 1950 written by Arturo Almandoz Marte and published by Psychology Press. This book was released on 2002 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first comprehensive work in English to describe the building of Latin America's capital cities in the postcolonial period, Arturo Almandoz and his contributors demonstrate how Europe and France in particular shaped their culture, architecture and planning until the United States began to play a part in the 1930s. The book provides a new perspective on international planning.

Download or read book A World History of War Crimes written by Michael S. Bryant and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The greatly expanded and enhanced 2nd edition of A World History of War Crimes provides an authoritative and accessible introduction to the global history of war crimes and the laws of war. Tracing human efforts to limit warfare, from codes of war in antiquity designed to maintain a religiously conceived cosmic order to the gradual use in the modern age of the criminal trial as a means of enforcing universal humanitarian norms, Michael S. Bryant's book is a masterful one-volume account of the subject. This new edition includes, for the first time: * Two chapters providing extensive coverage of the Americas, Africa and the Middle East * Strengthened chronological boundaries – a new chapter on the Incas, Aztecs, Mayan, and North American Indian tribes, as well as more material across all regions in ancient times; discussion of contemporary war crimes committed in Afghanistan, Iraq, Myanmar and Syria * A historiographical essay to broaden your understanding of the field * An added final chapter focusing on the social, cultural and psychological aspects of the subject A World History of War Crimes is vital reading for anyone needing to understand the history of war in one of its most significant contexts.

Download or read book The Institutionalization of Europe written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2001 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an account of the development of the EU, from a relatively specialised organ of economic cooperation in the 1960s to the complex, quasi-federal entity that today governs an increasingly diverse set of policy domains.

Download or read book From Europeanisation to Diffusion written by Tanja A. Börzel and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive account of the extent to which policies and institutions of the European Union (EU) spread across different contexts covering new member states, current accession candidates, the EU's Southern and Eastern Neighbourhood as well as regional integration and cooperation in Latin America, Asia, and Africa. This book was originally published as a special issue of West European Politics.

Download or read book Complementarity Catalysts Compliance written by Christian M. De Vos and published by Cambridge University Press. This book was released on 2020-04-23 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.